Chapter 7.-LABOR-MANAGEMENT RELATIONS § 171. Declaration of purpose and policy.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

§ 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service.

Ex. ORD. No. 11621. CREATION OF BOARD OF INQUIRY Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, provided:

WHEREAS, there exist certain labor disputes between employers (or associations by which such employers are represented in collective bargaining conferences) who are (1) steamship companies operating ships or employed as agents for ships engaged in service from or to Atlantic, Pacific, Great Lakes, and Gulf Coast ports of the United States, or from or to other ports of the United States or its territories or possessions, (2) contracting stevedores, (3) contracting marine carpenters, (4) lighterage operators, or (5) other employers engaged in related or associated pier activities, and certain of their employees represented by the International Longshoremen's Association, AFL-CIO; the International Association of Machinists and Aerospace Workers, AFL-CIO and District Lodge 94 and Local Lodge 1484 thereof; and the International Longshoremen's and Warehousemen's Union; and WHEREAS, Such disputes have resulted in strikes on Pacific, Atlantic, Great Lakes, and Gulf Coast ports of the United States which if permitted to continue will, in my opinion, affect a substantial part of the maritime industry, and industry engaged in trade, commerce, transportation, transmission, or communication among the several States and with foreign nations, and will imperil the national health and safety.

NOW, THEREFORE, by virtue of the authority vested in me by Section 206 of the Labor-Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176), I hereby create a Board of Inquiry, consisting of:

§ 186. Restrictions on payments and loans to employee representatives, labor organizations, officers and employees of labor organizations, and to employees or groups or committees of employees; exceptions; penalties; jurisdiction; effective date; exception of certain trust funds.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 33 section 917.

Chapter 8.-FAIR LABOR STANDARDS

§ 203. Definitions.

As used in this chapter

(r) "Enterprise" means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an independent contractor: Provided, That, within the meaning of this subsection, a retail or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not necessarily limited to, and agreement, (1) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (2) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (3) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact it occupies premises leased to it by a person who also leases premises to other retail or service establishments. For purposes of this subsection, the activities performed by any person or persons—

(1) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit), or

(s) "Enterprise engaged in commerce or in the production of goods for commerce" means an enterprise which has employees engaged in commerce or in the production of goods for commerce, including

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-318 inserted "(except subsection (d) in the case of paragraph (1) of this subsection)" following introductory text "sections 206".

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 5343, 5349; title 42 sections 4876, 4881.

Chapter 15.-OCCUPATIONAL SAFETY AND
HEALTH

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 2080. § 655. Standards.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1942.

§ 667. State jurisdiction and plans.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1942. § 668. Programs of Federal agencies.

FEDERAL SAFETY ADVISORY COUNCIL Occupational safety and health programs for federal employees and establishment of the Federal Safety Advisory Council, see Ex. Ord. No. 11612, July 26, 1971, set out as a note under section 7902 of Title 5, Government Organization and Employees.

Chapter 3A.-LEASES AND PROSPECTING

Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation's coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease or who were totally disabled by this disease at the time of their deaths; and that few States provide benefits for death or disability due to this disease or who were totally disabled by this disease at the time of their deaths to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease or who were totally disabled by this disease at the time of their deaths; and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis. (As amended Pub. L. 92-303, §§ 3(a), 4(b) (2), May 19, 1972, 86 Stat. 153, 154.)

Page 773

AMENDMENTS

1972-Pub. L. 92-303 substituted "coal mines" for "underground coal mines", and "disease or who were totally disabled by this disease at the time of their deaths" for "disease" in three places.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3(c) of Pub. L. 92-303 provided that: "The amendments made by this section [amending this section and sections 902, 921, 932, and 933 of this title] shall be effective as of December 30, 1969."

Amendment by section 4(b)(2) of Pub. L. 92-303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92-303 set out as a note under section 921 of this title.

SHORT TITLE

Section 1(a) of Pub. L. 92-303 provided that: "[T]his Act [enacting sections 925, 937 to 941 of this title, amending this section and sections 902, 921, 922, 923, 924, 931, 932, 933, 934, 936 and 951 of this title, and enacting provisions set out as notes under sections 921, 922, and 923 of this title] may be cited as the 'Black Lung Benefits Act of 1972'."

§ 902. Definitions.

(a) The term "dependent" means

(1) a child as defined in subsection (g) of this section without regard to subparagraph (2) (B) (ii) thereof; or

(2) a wife who is a member of the same household as the miner, or is receiving regular contributions from the miner for her support, or whose husband is a miner who has been ordered by a court to contribute to her support, or who meets the requirements of section 416(b) (1) or (2) of Title 42. The determination of an individual's status as the "wife" of a miner shall be made in accordance with section 416(h)(1) of Title 42, as if such miner were the "insured individual" referred to therein. The term "wife" also includes a "divorced wife" as defined in section 416 (d) (1) of Title 42 who is receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is receiving substantial contributions from the miner (pursuant to a written agreement), or there is in effect a court order for substantial contributions to her support from such miner.

(b) The term "pneumoconiosis" means a chronic dust disease of the lung arising out of employment in a coal mine.

(d) The term "miner" means any individual who is or was employed in a coal mine.

(e) The term "widow" includes the wife living with or dependent for support on the miner at the time of his death, or living apart for reasonable cause or because of his desertion, or who meets the requirements of section 416 (c) (1), (2), (3), (4), or (5), and section 416(k) of Title 42, who is not married. The determination of an individual's status as the

"widow" of a miner shall be made in accordance with section 416 (h) (1) of Title 42 as if such miner were the "insured individual" referred to therein. Such term also includes a "surviving divorced wife" as defined in section 416(d) (2) of Title 42 who for the month preceding the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or was receiving substantial contributions from the miner (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from the miner at the time of his death. (f) The term "total disability" has the meaning given it by regulations of the Secretary of Health, Education, and Welfare, except that such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time. Such regulations shall not provide more restrictive criteria than those applicable under section 423 (d) of Title 42.

(g) The term "child" mean a child or a step-child who is

(1) unmarried; and

(2) (A) under eighteen years of age, or

(B) (i) under a disability as defined in section 423 (d) of Title 42,

(ii) which began before the age specified in section 402 (d) (1) (B) (ii) of Title 42, or, in the case of a student, before he ceased to be a student; or (C) a student.

The term "student" means a "full-time student" as defined in section 402 (d) (7) of Title 42, or a "student" as defined in section 8101(17) of Title 5. The determination of an individual's status as the "child" of the miner or widow, as the case may be, shall be made in accordance with section 416 (h) (2) or (3) of Title 42 as if such miner or widow were the "insured individual" referred to therein. (As amended Pub. L. 92-303, §§ 1 (c) (2)–(4), 3(b), 4(a), May 19, 1972, 86 Stat. 151-153.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-303, § 1 (c) (2), expanded the definition of "dependent" to include children and wife without reference to section 8110 of Title 5.

Subsec. (b). Pub. L. 92-303, § 3(b), substituted "a coal mine" for "an underground coal mine".

Subsec. (d). Pub. L. 92-303, § 3(b), substituted "a coal mine" for "an underground coal mine".

Subsec. (e). Pub. L. 92-303, § 1 (c) (3), expanded the definition of "widow" by reference to Title 42 and provided procedure for the determination of the status.

Subsec. (f). Pub. L. 92-303. § 4(a), expanded the definition of "total disability" to include a miner prevented from engaging in gainful employment by pneumoconiosis. Subsec. (g). Pub. L. 92-303, § 1 (c) (4), added subsec. (g).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment of subsecs. (b) and (d) by section 3(b) of Pub. L. 92-303 effective December 30, 1969, see section 3(c) of Pub. L. 92-303, set out as a note under section 901 of this title.

Amendment of subsec. (f) by section 4(a) of Pub. L. 92-303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92-303, set out as a note under section 921 of this title.

PART B-CLAIMS FOR BENEFITS FILED ON OR
BEFORE DECEMBER 31, 1973

§ 921. Regulations and presumptions.
(a) Promulgation; payment of benefits.

The Secretary shall, in accordance with the provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of total disability of any miner due to pneumoconiosis, and in respect of the death of any miner whose death was due to pneumoconiosis or who at the time of his death was totally disabled by pneumoconiosis.

(b) Promulgation of standards determining total disability.

The Secretary shall by regulation prescribe standards for determining for purposes of subsection (a) of this section whether a miner is totally disabled due to pneumoconiosis and for determining whether the death of a miner was due to pneumoconiosis. Regulations required by this subsection shall be promulgated and published in the Federal Register at the earliest practicable date after December 30, 1969, and in no event later than the end of the third month following December 1969. Final regulations required for implementation of any amendments to this subchapter shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the fourth month following the month in which such amendments are enacted. Such regulations may be modified or additional regulations promulgated from time to time thereafter.

(c) Particular rebuttable presumptions. For purposes of this section

(1) if a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines there shall be a rebuttable presumption that his pneumoconiosis arose out of such employment;

(2) if a deceased miner was employed for ten years or more in one or more coal mines and died from a respirable disease there shall be a rebuttable presumption that his death was due to

pneumoconiosis;

(3) if a miner is suffering or suffered from a chronic dust disease of the lung which (A) when diagnosed by chest roentgenogram, yields one or more large opacities (greater than one centimeter in diameter) and would be classified in category A, B, or C in the International Classification of Radiographs of the Pneumoconioses by the International Labor Organization, (B) when diagnosed by biopsy or autopsy, yields massive lesions in the lung, or (C) when diagnosis is made by other means, would be a condition which could reasonably be expected to yield results described in clause (A) or (B) if diagnosis had been made in the manner prescribed in clause (A) or (B), then there shall be an irrebuttable presumption that he is totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis or that at the time of his death he was totally disabled by pneumoconiosis, as the case may be; and

(4) if a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner's, his widow's, his child's, his parent's, his brother's, his sister's, or his dependent's claim under this subchapter and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife's affidavit may not be used by itself to establish the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where he determines that conditions of a miner's employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine.

(As amended Pub. L. 92–303, §§ 3(a), 4(b) (1), (3), (c), (d), May 19, 1972, 86 Stat. 153, 154.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92–303, § 4(b) (1), substituted "pneumoconiosis or who at the time of his death was totally disabled by pneumoconiosis" for "pneumoconiosis".

Subsec. (b). Pub. L. 92-303, § 4(d), added provision for the promulgation and publication in the FEDERAL REGISTER of final regulations and their amendments and for time limits for publication.

Subsec. (c) (1). Pub. L. 92–303, § 3(a), substituted "coal mines" for "underground coal mines".

Subsec. (c) (2). Pub. L. 92–303, § 3(a), substituted "coal mines" for "underground coal mines”.

Subsec. (c) (3). Pub. L. 92-303, § 4(b) (3), added presumption that at the time of death the miner was totally disabled by pneumoconiosis.

Subsec. (c) (4). Pub. L. 92-303, § 4(c), added par. (4).

EFFECTIVE DATE OF 1972 AMENDMENT

Section 4(g) of Pub. L. 92-303 provided that: "The amendments made by this section [amending this section and sections 901, 902, 923 and 931 of this title] shall be effective as of December 30, 1969."

Amendment of subsec. (c) (1), (2) by section 3 (a) of Pub. L. 92-303 effective Dec. 30, 1969, see section 3(c) of Pub. L. 92-303, set out as a note under section 901 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 940 of this title. § 922. Payment of benefits. (a) Schedules.

Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows:

(3) In the case of the child or children of a miner whose death is due to pneumoconiosis or of a miner who is receiving benefits under this part at the time

of his death, or who was totally disabled by pneumoconiosis at the time of his death, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shaii oniy pe paid to a child for so long as he meets the criteria for the term "child" contained in section 902(g) of this title: And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2).

(4) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents, the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per centum if such individual has two dependents, and 100 per centum if such individual has three or more dependents.

(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or of a miner who is receiving benefits under this part at the time of his death, or of a miner who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, or in the case of the dependent surviving brother (s) or sister (s) of such a miner who is not survived at the time of his death by a widow, child, or parent, benefits shall be paid under this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother(s) or sister(s), were the children of such miner). In determining for purposes of this paragraph whether a claimant bears the relationship as the miner's parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under subchapter II of chapter 7 of Title 42. No benefits to a sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a brother only if he is

(1) (A) under eighteen years of age, or

(B) under a disability as defined in section 423 (d) of Title 42 which began before the age specified in section 402(d) (1) (B) (ii) of Title 42, or in the case of a student, before he ceased to be a student, or

(C) a student as defined in section 902(g) of this title; or

(2) who is, at the time of the miner's death, disabled as determined in accordance with section 423 (d) of Title 42, during such disability. Any